Jeremy Newton v. Tim Ray , 287 F. App'x 763 ( 2008 )

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
__________________________________ FILED
U.S. COURT OF APPEALS
No. 08-10926 ELEVENTH CIRCUIT
JULY 14, 2008
Non-Argument Calendar
THOMAS K. KAHN
__________________________________
CLERK
D. C. Docket No. 06-02315-CV-3-IPJ
JEREMY NEWTON,
Plaintiff-Appellant,
versus
TIM RAY,
Defendant-Appellee.
_________________________________
Appeal from the United States District Court
for the Northern District of Alabama
__________________________________
(July 14, 2008)
Before TJOFLAT, BIRCH and DUBINA, Circuit Judges.
PER CURIAM:
The defendant deputy sheriff arrested the plaintiff for encouraging his wife
to “assault” his sister. According to plaintiff’s amended complaint for money
damages under 42 U.S.C. § 1983 for false arrest, plaintiff’s sister called the police
and the defendant responded to the call. The defendant observed that plaintiff’s
sister had a bloody nose; she told him that the plaintiff had “egged on” the assault.
She subsequently swore out a complaint against him.
The defendant moved to dismiss the amended complaint on the ground that
he was entitled to qualified immunity. The district court granted the motion. In a
well reasoned Memorandum Opinion, the court held that the defendant
“reasonably could have believed that probable cause existed in light of the
information he possessed at the time he arrested the plaintiff.” The plaintiff now
appeals. We find no error in the district court’s reasoning, and therefore affirm.
AFFIRMED.
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